Equal Protection of the Laws in Public Higher Education, 1960 PDF Download
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Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 388
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Book Description
Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 388
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Book Description
Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : College integration
Languages : en
Pages : 386
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Book Description
Author: Commission on Civil Rights (Estados Unidos)
Publisher:
ISBN:
Category :
Languages : en
Pages : 355
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Book Description
Author: William E. Thro
Publisher: Rowman & Littlefield
ISBN: 1475856822
Category : Education
Languages : en
Pages : 185
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Book Description
This book provides a user-friendly guide to constitutional law in the context of public colleges and universities that is easily accessible to students, faculty members, and administrators. While this book will be helpful to lawyers, our primary audience is the educated layperson. Each of the book’s chapters discusses the basic constitutional principles and how they apply in the context of public higher education.
Author: Klinton W. Alexander
Publisher: Routledge
ISBN: 1136937838
Category : Education
Languages : en
Pages : 744
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Book Description
Written for graduate students studying the law pertaining to the governance of colleges and universities, American College and University Law comprehensively covers the law arising from actual conflicts on United States campuses.
Author: U. S. Commission on Civil Rights Staff
Publisher: Greenwood
ISBN: 9780837106946
Category :
Languages : en
Pages : 0
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Author: Congressional Research Service
Publisher: Independently Published
ISBN: 9781795705271
Category : Political Science
Languages : en
Pages : 52
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Book Description
When federal courts have analyzed and addressed "affirmative action" in higher education, they have done so in two distinct but related senses, both under the Fourteenth Amendment's guarantee of "equal protection." The first has its roots in the original sense of "affirmative action: " the mandatory use of race by public education systems to eliminate the remnants of state-imposed racial segregation. Because state-sanctioned race segregation in public education violates the Fourteenth Amendment's Equal Protection Clause, in certain cases involving a state's formerly de jure segregated public university system, a state's consideration of race in its higher education policies and practices may be an affirmative obligation. As the U.S. Supreme Court explained in its consequential 1992 decision United States v. Fordice, equal protection may require states that formerly maintained de jure segregated university systems to consider race for the purpose of eliminating all vestiges of their prior "dual" systems. Drawing upon its precedent addressing racially segregated public schools in the K-12 context, the Court established a three-part legal standard in Fordice for evaluating the sufficiency and effectiveness of a state's efforts in "dismantl[ing]" its formerly de jure segregated public university system. To that remedial end, mandatory race-conscious measures-in this de jure context-are not limited to admissions. Instead, remedies may also address policies and practices relating to academic programs, institutional missions, funding, and other aspects of public university operations. Outside this de jure context, "affirmative action" has come to refer to a different category of race-conscious policies. These involve what the Court at one time called the "benign" use of racial classifications-voluntary measures designed not to remedy past de jure discrimination, but to help racial minorities overcome the effects of their earlier exclusion. And for institutions of higher education, the Court has addressed one type of affirmative action policy in particular: the use of race as a factor in admissions decisions, a practice now widely observed by both public and private colleges and universities. The federal courts have come to subject these voluntary race-conscious policies-"affirmative action" in its perhaps more familiar sense-to a particularly searching form of review known as strict scrutiny. And even though this heightened judicial scrutiny has long been regarded as strict in theory but fatal in fact, the Court's review of race-conscious admissions policies in higher education has proved a notable exception, with the Court having twice upheld universities' use of race as one of many factors considered when assembling their incoming classes. The Court has long grappled with this seeming tension-between the strictness of its scrutiny and its approval of race-conscious admissions policies-beginning with its landmark 1978 decision in Regents of the University of California v. Bakke through its 2016 decision in Fisher v. University of Texas. Though the Equal Protection Clause generally concerns public universities and their constitutional obligations under the Fourteenth Amendment, federal statutory law also plays a role in ensuring equal protection in higher education. To that end, Title VI of the Civil Rights Act of 1964 prohibits recipients of federal funding-including private colleges and universities-from, at a minimum, discriminating against students and applicants in a manner that would violate the Equal Protection Clause. Federal agencies, including the Departments of Justice and Education, investigate and administratively enforce institutions' compliance with Title VI.
Author:
Publisher:
ISBN:
Category : College integration - Law and legislation - United States
Languages : en
Pages : 355
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Book Description
Author: William A. Kaplin
Publisher: John Wiley & Sons
ISBN: 1119271916
Category : Law
Languages : en
Pages : 1061
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Book Description
A single-volume text that distills information for students Based on the sixth edition of Kaplin and Lee’s indispensable guide to the law that bears on the conduct of higher education, The Law of Higher Education, Sixth Edition: Student Version provides an up-to-date reference and guide for coursework in higher education law and programs preparing law students and higher education administrators for leadership roles. This student edition discusses the most significant areas of the law for college and university attorneys and administrators. Each chapter is introduced by a discussion of key terms and topics the students will encounter, and the book includes materials from the full sixth edition that are most relevant to student interests and classroom instruction. It also contains a “crosswalk” that keys sections of the Student Edition to counterpart sections of the two-volume treatise. Complements the full version Includes a glossary of legal terms and an appendix on how to read legal material for students without legal training Discusses key terms in each chapter Concentrates on key topics students will need to know This is fundamental reading for law students preparing for careers in higher education law and for graduate students in higher education administration programs.
Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : Discrimination in education
Languages : en
Pages : 355
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Book Description
